United States 118th Congress Status: In Committee 82 R cosponsors

HR 175 — Heartbeat Protection Act of 2023

Last action — Sponsor introductory remarks on measure. (CR H271-272)

  1. ✓
    Introduced
  2. 2
    In Committee
  3. 3
    Passed House
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 118th Congress. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there are no live odds of enactment. It would have to be reintroduced in the current session to move again.

In plain language

This bill criminalizes certain abortions related to detectable heartbeats.

The Heartbeat Protection Act makes it illegal for doctors to perform abortions if a fetal heartbeat is detectable without prior checks. Exceptions exist for circumstances that endanger the mother's life or for cases of rape or incest.

Summary

Heartbeat Protection Act of 2023 This bill makes it a crime for a physician to knowingly perform an abortion (1) without determining whether the unborn child has a detectable heartbeat, (2) without informing the mother of the results, or (3) after determining that a unborn child has a detectable heartbeat. A physician who performs a prohibited abortion is subject to criminal penalties—a fine, up to five years in prison, or both. The bill provides an exception for an abortion that is necessary to save the life of a mother whose life is endangered by a physical (but not psychological or emotional) disorder, illness, or condition. It also provides exceptions for certain pregnancies that are the result of rape or incest. A physician who performs or attempts to perform an abortion under an exception must comply with specified requirements. A woman who undergoes a prohibited abortion may not be prosecuted for violating or conspiring to violate the provisions of this bill.

Bill Text

How this bill changes current law

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Compared against current U.S. Code AI-generated reading aid — verify against the official bill.

The bill introduces new prohibitions on performing abortions when a fetal heartbeat is detectable and requires certain medical practices related to this determination.

  • 18 U.S.C. Chapter 74

    Sec. 1532. Abortions prohibited without a check for fetal heartbeat, or if a fetal heartbeat is detectable

    Establishes a new section that criminalizes abortions performed without checking for a fetal heartbeat or if a fetal heartbeat is detected.

  • 18 U.S.C. Chapter 74

    (1) without determining, according to standard medical practice, whether the unborn child has a detectable heartbeat;

    Adds a requirement for physicians to check for a fetal heartbeat before performing an abortion.

  • 18 U.S.C. Chapter 74

    (2) without informing the mother of the results of that determination;

    Requires physicians to inform the mother of whether a fetal heartbeat is detected.

  • 18 U.S.C. Chapter 74

    (3) after determining, according to standard medical practice, that the unborn child has a detectable heartbeat,

    Criminalizes performing an abortion if a fetal heartbeat is detected.

  • 18 U.S.C. Chapter 74

    shall be fined under this title or imprisoned not more than 5 years, or both.

    Imposes a penalty of fines or imprisonment for violations of the new abortion provisions.

  • 18 U.S.C. Chapter 74

    This subsection does not apply to an abortion that is necessary to save the life of a mother whose life is endangered by a physical disorder, physical illness, or physical injury, including a life-endangering physical condition caused by or arising from the pregnancy itself, but not including psychological or emotional conditions.

    Provides an exception for life-threatening conditions of the mother.

  • 18 U.S.C. Chapter 74

    (1) in reasonable medical judgment, the abortion is necessary to save the life of a pregnant woman whose life is endangered by a physical disorder, physical illness, or physical injury, including a life-endangering physical condition caused by or arising from the pregnancy itself, but not including psychological or emotional conditions;

    Specifies conditions under which an abortion may be performed despite heartbeat detection.

  • 18 U.S.C. Chapter 74

    (2) the pregnancy is the result of rape against an adult woman, and at least 48 hours prior to the abortion--

    Allows exceptions for abortions in cases of rape under specific conditions.

  • 18 U.S.C. Chapter 74

    (3) the pregnancy is a result of rape against a minor or incest against a minor, and the rape or incest has been reported at any time prior to the abortion to either--

    Additional conditions for exceptions in cases of rape or incest involving minors.

  • 18 U.S.C. Chapter 74

    The physician shall include in the medical file of the mother documentation of the determination, according to standard medical practice, of whether the unborn child has a detectable heartbeat, the results of that determination, notification of the mother of those results, and any information entered into evidence in any proceedings under subsection (b).

    Requires documentation of fetal heartbeat checks in medical files.

  • 18 U.S.C. Chapter 74

    If any provision of this section or the application of such provision to any person or circumstance is held to be invalid, the remainder of this section and the application of the provisions of the remainder to any person or circumstance shall not be affected thereby.

    Adds a severability clause to ensure the remaining provisions remain effective if part is invalidated.

Action History

  1. Introduced in House

  2. Introduced in House

  3. Referred to the House Committee on the Judiciary.

  4. Sponsor introductory remarks on measure. (CR H271-272)

Sponsors

Sponsorship breakdown

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1 sponsors · 81 co-sponsors · 465 not signed on

Sponsors (1)

Co-sponsors (81)

Not signed on (465)

465 members have not signed on to this bill.

Show all 465 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

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Subjects

public-safety civil-rights healthcare
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Frequently asked questions

What does HR 175 do?
Heartbeat Protection Act of 2023 This bill makes it a crime for a physician to knowingly perform an abortion (1) without determining whether the unborn child has a detectable heartbeat, (2) without informing the mother of the results, or (3) after determining that a unborn child has a detectable heartbeat. A physician who performs a prohibited abortion is subject to criminal penalties—a fine, up to five years in prison, or both. The bill provides an exception for an abortion that is necessary to save the life of a mother whose life is endangered by a physical (but not psychological or emotional) disorder, illness, or condition. It also provides exceptions for certain pregnancies that are the result of rape or incest. A physician who performs or attempts to perform an abortion under an exception must comply with specified requirements. A woman who undergoes a prohibited abortion may not be prosecuted for violating or conspiring to violate the provisions of this bill.
Who sponsors HR 175?
HR 175 is sponsored by Smith, Christopher H. (Republican), Cammack, Kat (Republican), Williams, Roger (Republican), Mooney, Alexander X. (Republican), Grothman, Glenn (Republican), Duncan, Jeff (Republican), Banks, Jim (Republican), Carl, Jerry L. (Republican), Hudson, Richard (Republican), LaHood, Darin (Republican), Fleischmann, Charles J. "Chuck" (Republican), Lamborn, Doug (Republican), Moore, Barry (Republican), Johnson, Bill (Republican), Tiffany, Thomas P. (Republican), Boebert, Lauren (Republican), Mast, Brian J. (Republican), Thompson, Glenn (Republican), Feenstra, Randy (Republican), Griffith, H. Morgan (Republican), Allen, Rick W. (Republican), Joyce, John (Republican), Graves, Garret (Republican), Walberg, Tim (Republican), Burchett, Tim (Republican), Cline, Ben (Republican), Weber, Randy K. Sr. (Republican), Aderholt, Robert B. (Republican), Estes, Ron (Republican), Babin, Brian (Republican), Bergman, Jack (Republican), Rose, John W. (Republican), Arrington, Jodey C. (Republican), Webster, Daniel (Republican), Kelly, Trent (Republican), Posey, Bill (Republican), Kustoff, David (Republican), Biggs, Andy (Republican), Jackson, Ronny (Republican), Moolenaar, John R. (Republican), Harshbarger, Diana (Republican), Luetkemeyer, Blaine (Republican), Fitzgerald, Scott (Republican), Scott, Austin (Republican), Reschenthaler, Guy (Republican), Crawford, Eric A. "Rick" (Republican), Fallon, Pat (Republican), Dunn, Neal P. (Republican), Clyde, Andrew S. (Republican), Johnson, Dusty (Republican), Harris, Andy (Republican), Good, Bob (Republican), Simpson, Michael K. (Republican), Langworthy, Nicholas A. (Republican), Wenstrup, Brad R. (Republican), Baird, James R. (Republican), Fischbach, Michelle (Republican), Lesko, Debbie (Republican), Miller, Carol D. (Republican), Smucker, Lloyd (Republican), Guthrie, Brett (Republican), Latta, Robert E. (Republican), Miller, Mary E. (Republican), Sessions, Pete (Republican), Gosar, Paul A. (Republican), Rutherford, John H. (Republican), Fulcher, Russ (Republican), Mann, Tracey (Republican), Amodei, Mark E. (Republican), Self, Keith (Republican), Gonzales, Tony (Republican), Bost, Mike (Republican), Bilirakis, Gus M. (Republican), Rouzer, David (Republican), Guest, Michael (Republican), Timmons, William R. (Republican), Spartz, Victoria (Republican), Crenshaw, Dan (Republican), Ogles, Andrew (Republican), Ezell, Mike (Republican), Crane, Elijah (Republican), and Kelly, Mike (Republican).
What is the current status of HR 175?
This bill died with 118th Congress. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track HR 175?
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